Andrew McCarthy: SCOTUS Travel Order Ruling Not A Huge Trump Win

The Supreme Court decision allowing President Donald Trump's immigration order was not necessarily a win for the president, former federal prosecutor Andy McCarthy said.

McCarthy spoke with Newsmax TV's Steve Malzberg about the executive order that was originally on hold because of lower court rulings. The Supreme Court altered it and gave it the OK this week, although it will make a full ruling later this year.

"I think it's a victory of sorts for Trump but you have to look very hard in the opinion to find it," McCarthy said. "That is implicit in the opinion is that the court seems to have rejected this idea of what I call Trump jurisprudence, that is to say that the actions and orders of this president should be judged and must be judged on a different set of rules than would be on any other president's similar actions and orders would be judged under.

"The court unfortunately doesn't come out and say that, which is one of my problems with the opinion."

McCarthy went on to explain that changes the high court made to the bill — allowing people from the six affected countries to enter the U.S. if they are engaged to someone in America or if they have a relationship with an American company — leaves the door open for lower courts to file challenges.

"I really think it's unhelpful for the court to get out of the judicial role and become basically a super legislature that kind of makes up these things as it goes along," he said.